By Joshua Tosin Ogunsakin 
The House of Representatives on Thursday approved President Bola Tinubu’s request for emergency rule in Rivers State, using a voice vote.
However, the procedure employed has sparked widespread criticism from the public, including civil society organisations (CSOs), and lawmakers, who argued that it is unconstitutional.
Enough is Enough (EiE) Nigeria, a CSO, tweeted on X that a voice vote does not establish whether the required two-thirds majority has been met. “For a State of Emergency to be legally approved, there must be a recorded, individual vote (division vote) to confirm that the numbers add up to the constitutional requirement.”
Atedo Peterside similarly stated: “A two-thirds majority cannot be achieved via a voice vote. Members voting for or against the resolution to ratify the President’s emergency actions must identify themselves and cast their votes individually.”
The Standing Orders of the House of Representatives on the Proclamation of a State of Emergency stipulate that approval must be in accordance with the Constitution, which requires a two-thirds majority.
The order reads: “The Speaker shall, in an executive session, brief the House on the circumstances of the Proclamation of a State of Emergency and thereafter, make available to Members the documents as provided by the President.
“Except the House by a two-thirds (2/3) majority of members present directs otherwise, the House shall then forthwith resolve into a Committee of the Whole for the consideration of the Proclamation and, on reporting progress, shall decide in accordance with the provisions of the Constitution, either approving or rejecting the Proclamation.”
Section 305(6)(b) of the 1999 Constitution (as amended) explicitly requires a two-thirds majority. It states:
“If it affects the Federation or any part thereof and within two days when the National Assembly is in session, or within ten days when the National Assembly is not in session, after its publication, there is no resolution supported by a two-thirds majority of all the members of each House of the National Assembly approving the Proclamation, it shall lapse.”
A two-thirds majority in the House of Representatives, which consists of 360 members, equates to 240 members.
However, the House Standing Orders do not specify a voting method for achieving the two-thirds majority. The general voting procedures outlined in Order Eleven included the use of a voice vote, or signing of a register on division, or electronic voting.
During the consideration of Tinubu’s request, Obi Aguocha, the member representing Ikwuano/Umuahia North/Umuahia Federal Constituency, raised a point of order, insisting that the Constitution must be followed.
“Mr Speaker, the constitutional procedures must be followed as described in Section 305, Subsection 6(b), which states that for us to consider this President’s request, this House must have a two-thirds majority,” he said.
Frederick Agbedi, the member representing Sagbama/Ekeremor Federal Constituency, supported this position.
Speaker Abbas Tajudeen responded that there were 243 members present, as shown in the attendance register, meeting the two-thirds requirement. He then proceeded with a voice vote, and the yes was overwhelming, with no dissenting voice.
However, when the Speaker put President Tinubu’s request to a voice vote for the last time, a few “nays” were heard, but the he did not determine the number of dissenting voices, raising concerns that a voice vote is neither an effective nor a transparent process.
Businessday